Communities and Local Government CommitteeWritten evidence submitted by Mr and Mrs Wain

The LGO in its present form is a system of Justice that does not exist, it needs radical changes to ensure that Government bodies confirm to their own statuary obligations, once you take the route of complaining to the Local Government Ombudsman you forfeit all rights to have your case heard before a proper court of law, your case will be investigated by council biased, unqualified investigators who will lead you to believe you will get a fair hearing, they will lie telling you once their report is issued it is final and there is no appeal, when in fact there is, but by the time you find out it will be to late as they will have delayed you. Our ancient laws “The Magna Carta and” the “Bill of Rights” state every man has a right to a fair trial/hearing these rights are overridden by the LGO.

In our case our barrister who was an expert in the field of Compulsory Purchases and Clearance areas (he acted for claimants and acquiring authorities) described the LGO Report as so bad it bordered on being unlawful, not once in her report does the LGO state the Statuary Procedures for a City Council declaring a clearance area, instead she delayed and diverted the course of justice by falsely accusing The Government office of West Midlands as being at fault for not notifying the Council where money could be spent. The Parliamentary Ombudsman Investigated The Government Office West Midlands who reported back and totally refuted the claim put forward by the Local Government Ombudsman and said (that procedures had been in place for years and the Council should have been fully aware of them, the papers before me confirm that.)

We now have two Government bodies coming to a different conclusion on the same case! By now through no fault of our own we are out of the three month time limit imposed by The LGO for us to get a Judicial Review, she successfully blocked any attempt by our Solicitor to get our case heard before a proper Court of Law. Barrister’s advice to our Solicitor was that we would have every chance of getting reimbursed for our heavy losses if we could get a hearing before a Court of Law, those heavy losses were the result of our lifetime’s work. In our naiveté we thought the LGO would have investigative officers familiar with the legal obligations of Councils and investigate on our behalf, how wrong we were.

All that is written above and in our report is rock solid, I have all original documents, you may out of interest read our case here.

I have a hard copy of a detailed analysis of our case which our solicitor described as being an excellent piece of work.

March 2012

Prepared 16th July 2012